04-09-18 – Home Office loses about 75% of appeals

According to recent reports, the Home Office loses nearly three-quarters of the appeals filed against the decision of the Upper Tribunal. Due to this fact, it is unclear whether it is reasonable to start expensive, lengthy and time consuming court process with such a low success rate. For example, between April 2017 and March 2018, the Court of Appeal heard 11,974 cases of the UK asylum refusals, of which the Home Office lost 4,332. Of those decisions, Home Office appealed 1 235 further in the Upper Tribunal and lost 900 cases (73%). If the applicant receives the initial refusal from the Home...

31-08-18 – The British immigration rules doubled in length

According to the latest reports, Home Office introduced more than 5,700 changes in the UK Immigration Rules since 2010. Around 1,300 amendments were introduced in 2012, when Teresa May was the Home Secretary and introduced "hostile environment" policy for illegal immigrants. In some cases, Home office made changes to the rule a week after its publication. One of the documents published in 2014 contained 22 changes, and three days later it was replaced with an updated version, where there were already 250 amendments. The total number of changes made to the Immigration rules since 2010 is almost...

30-08-18 – Latest statistics on the UK migration

According to the latest report of the Office of National Statistics (ONS), the overall net migration has slightly raised in the last 12 months reaching 270,000 compared to 242,000 last year. Net migration is the difference between the number of immigrants coming to live in the UK and the number of emigrants leaving the country. At the same time, net migration to the UK from the EU countries has reached a six-year minimum and dropped to 87,000 people as per March 2018 statistics, which means that the rise in the overall net migration can be explained by the growing number of immigrants from non...

24-08-18 – Rights of non EU citizens applying for Retained Right of Residency after the divorce or death of their EU spouse

In the event of divorce of non EU partner from EU citizen or death of the EU partner, the non EU citizen can continue to reside in the UK under the Retained Right of Residency. Until recently one of the main eligibility criteria to obtain such visa was to prove the employment (exercise of treaty rights) in the UK. In its latest decision, the case of Gauswami India [2018] UKUT 275 (IAC),  the Upper Tier Tribunal ruled out that in the event of divorce of non EU national with EU partner or his death, non EU citizens, can not only show his employment in the UK but also rely on his job seeker statu...

22-08-18 – Important update for people with European and British citizenship

According to the decision of the Upper Tribunal in the case of Kovacevic (British citizen - Art 21 TFEU) Croatia [2018] UKUT 273 (IAC), residents who have dual citizenship of any EU country and the United Kingdom, cannot rely on the European law when obtaining residency rights for their family members in case they have never exercised their Treaty rights of free movement in the UK. In the case above, Mrs Kovacevic had dual citizenship – British and Croatian. She moved to the United Kingdom in 1997 and was naturalised as a British citizen in 2007. It is worth mentioning that she became a Britis...

20-08-18 – Home Office Super Premium Service might stop operating from November 2018

As we have been informed today by the Home Office Super Premium officials, the service might stop operating from November 2018 and no visa categories will be processed anymore. However the final confirmation and dates of potential termination of the service are yet to be announced in or around October this year.

17-08-18 – Ukrainian draft evader loses his appeal in the Upper Tribunal

In its latest decision, the Upper Tribunal ruled that asylum cannot be granted to citizens of Ukraine on the ground that they are obliged to undertake compulsory military service in the Ukrainian army, even if it involves participation in the current hostilities along Ukraine’s southern border. In case [2018] UKUT 241 (IAC), the Upper Tribunal refused asylum to the Ukrainian citizen who evaded military service, despite being aware of the fact that participation in a military conflict may lead to acts which are contrary to basic human conduct. The Upper Tribunal found that practically most of t...

03-08-18 – New guidance on the cost awards procedure in immigration appeals

The President of the First-tier Immigration and Asylum Tribunal has issued guidance notes on legal costs paid by the Home Office to those immigrants who won their cases on appeal. It was stated that costs to be awarded for cases of “unreasonable conduct”, which is where the Home Office pursued the appeal despite very low merits of success. The guidance also obliges Home Office officials to carry out mandatory initial assessment of each immigration case within six weeks of filing an appeal to assess the merits and decide whether the Home Office should continue challenging the matter at the Trib...

02-08-18 – Bank of England raises interest rates

On 2nd August 2018 the Bank of England announced an increase in the interest rate by a quarter of one percent, from 0.5% to 0.75%. This increases the cost of borrowing to the highest level since March 2009. This increase in the interest rate will be bad news for around three and a half million residential mortgage holders in the UK. As an example, for a variable mortgage of £150,000 at the interest rate of 0.75%, the increase in the annual cost will be approximately £224. The rise in the interest rate was expected back in May this year, but the Bank's Monetary Policy Committee decided to postp...

23-07-18 – Statement of changes to the Immigration Rules introducing new EU Settlement Scheme

On the 20th July 2018 Parliament presented the Statement of changes to the Immigration Rules introducing new EU Settlement Scheme for post Brexit status confirmation. The new Appendix EU describes the rules under which EU citizens and their family members can obtain a settled status in the UK after Brexit. These changes take effect on the 28th of August 2018 for the purpose of initial trial. Appendix EU is the legislation under which EU citizens and their families can apply for leave to remain in the UK under the Immigration Rules of Great Britain. The trial period of the new EU Settlement Sch...